IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BATSAIHAN PURVEEGIIN : CIVIL ACTION

 :

v. :

 :

BERKS COUNTY PRISON, et al. : NO. 05-cv-2139-JF

MEMORANDUM AND ORDER

Fullam, Sr. J. July 30, 2007

Plaintiff brought various claims against prison

officials and employees of the independent medical service

provider, challenging the conditions of his detention at Berks

County Prison. I granted defendants’ motion to dismiss some of

the claims and entered summary judgment in favor of the prison

defendants. The only remaining claim is that against the medical

defendants in connection with their care of plaintiff. Two of

these defendants, PrimeCare Medical, Inc., and Dr. Marybeth

Jackson, have filed a motion for summary judgment, to which

plaintiff has filed a response. The motion will be granted.

Plaintiff claims that defendants did not provide the

necessary treatment for his type 2 diabetes, and ignored his

repeated complaints of weight gain, urine abnormality, diabetic

coma, deteriorating vision, and numbness in the limbs. 

Defendants have submitted voluminous medical records showing that

the medical staff at the prison treated plaintiff on a regular

basis, that they prescribed him insulin injections and a

diabetic’s diets, and that they addressed his complaints. The

Case 2:05-cv-02139-JHS Document 116 Filed 07/30/07 Page 1 of 4
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records also show that plaintiff refused insulin injections on

numerous occasions. Defendant Dr. Jackson further testified in

her deposition that plaintiff was also purchasing inappropriate

food from the commissary.

For his part, plaintiff points out that a close

examination of the extant “doctor’s orders to jailer” — forms

used by the medical staff to direct the prison kitchen to prepare

special-diet meals for the inmates — reveals that four of these

forms did not order a diabetic’s diet for plaintiff. One of the

forms was signed by Dr. Jackson; the other three by medical

personnel who are not parties to this action. Plaintiff also

notes that defendants have failed to produce any “doctor’s

orders” for five of the sixteen months plaintiff was detained in

Berks County Prison. 

Some allowance must be made for imperfect recordkeeping. But more importantly, the voluminous treatment records

produced by defendants show that Dr. Jackson and other prison

medics consistently prescribed a diabetic’s diet for plaintiff

and investigated his complaints about his diet. Thus, at most,

one could conclude that Dr. Jackson was negligent when she failed

on one occasion to fill out a “doctor’s order” that would direct

the kitchen staff to prepare the diabetic’s diet prescribed for

plaintiff. However, that does not amount to deliberate

indifference. Nor has plaintiff produced any evidence that the

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other moving defendant, PrimeCare Medical, Inc., may be liable in

this action.

An order follows.

Case 2:05-cv-02139-JHS Document 116 Filed 07/30/07 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BATSAIHAN PURVEEGIIN : CIVIL ACTION

 :

v. :

 :

BERKS COUNTY PRISON, et al. : NO. 05-cv-2139-JF

ORDER

 AND NOW, this 30 day of July 2007, upon consideration th

of the pending motions by defendants Marybeth Jackson and

PrimeCare Medical, Inc., and plaintiff’s responses thereto, IT IS

ORDERED:

1. The Motion to Remove from Civil Suspense (Dkt. No.

112) is GRANTED, for purposes of ruling on the motion referred to

herein.

2. The Motion for Summary Judgment by defendants

Marybeth Jackson and PrimeCare Medical, Inc. is GRANTED.

3. Judgment is entered IN FAVOR OF defendants Marybeth

Jackson and PrimeCare Medical, Inc. ONLY, and AGAINST plaintiff.

4. The case remains pending, but in suspense, against

all other defendants.

BY THE COURT:

/s/ John P. Fullam 

John P. Fullam, Sr. J.

Case 2:05-cv-02139-JHS Document 116 Filed 07/30/07 Page 4 of 4